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PLANNING BOARD
TUESDAY, MARCH 5, 2024, 7:00 P.M.
PENOBSCOT ROOM, LOWER FLOOR OF PENQUIS CAP
262 HARLOW STREET
MEETING MINUTES
Board Members Present: Chair Reese Perkins
Michael Bazinet
Jonathan Boucher
Trish Hayes
Donald Meagher
Joshua Saucier
Janet Sanborn Jonas (via Zoom;
voting in place of Vice Chair Ted Brush)
Citv Staff Present: Anja Collette, Planning Officer
Brian Scannell, Planning Analyst
Grace Innis, Assistant Solicitor
John Theriault, City Engineer
Chair Perkins called the meeting to order at 7:00 P.M.
OTHER BUSINESS
1. Zone Chanqe — Grandview Avenue - Map-Lot R41-023-A — Parks & Open Space
(P&O) to Multifamilv & Service District (M&SD) - To amend the Land Development
Code by changing a parcel of land, located on Grandview Avenue, Map-Lot R41-023-A,
from Parks & Open Space (P&O) to Multifamily & Service District (M&SD). Said area of
land contains approximately 10.5 acres total. Applicant/Owner: City of Bangor. — Request
for postponement
Chair Perkins introduced the request for postponement due to inability to notify abutters in a timely
manner.
Member Saucier moved to postpone the agenda item to the next meeting on March 19, 2024, seconded
by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed.
OLD BUSINESS
73 HARLOW STREET,BANGOR,ME 04401
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,March 5, 2024
2. Zone Chanqe — 108 Odlin Rd - Map-Lot 002-009 — Neiqhborhood Service District
(NSD)/Urban Residence 1 District (URD-1)/Urban Service District (USD) to Urban
Service District (USD) for the entire Iot=To amend the Land Development Code by
changing a parcel of land, located at 108 Odlin Road, Map-Lot 002-009, from
Neighborhood Service District (NSD)/Urban Residence 1 District (URD-1)/Urban Service
District (USD) to Urban Service District (USD)for the entire lot. Said area of land contains
approximately 6.27 acres total. Applicant/Owner: Bangor Lodge #244 B.P.O. Elks.
Chair Perkins gave background on the discussion of this agenda item at the last meeting on February
20, 2024.
Jason Worster, Bangor Lodge of Elks #244, presented to the podium. Presented research on original
development approval and past zone changes. Gave additional overview on requested zone change and
proposal to expand parking.
Chair Perkins asked about proposed office addition at rear of building, and whether this could be done
without zone change. Worster responded that he is unsure. Described current parking arrangements,
property layout, and buffers.
Chair Perkins gave overview of staff proposals introduced at last meeting. Asked staff for any additional
comments — there were none. Planning Officer Anja Collette noted that members should present their
reasoning when voting on this proposal.
Chair Perkins asked the Board for any questions/comments.
Member Boucher asked if there was anything in the Comprehensive Plan about moving away from
contract zoning. Planning Officer Collette responded that there is no known reason to avoid contract
zoning.
Member Saucier commented that approval of zone change may remove any leverage to require wider
buffers at development proposal stage. Planning Officer Collette responded that leverage exists in
Board's authority to approve or deny the development proposal. Clarified buffer requirements and ability
to condition further approvals on wider buffers. Saucier asked if additional parking had been added with
past building additions and whether current parking meets requirements based on building square
footage. Collette responded that she does not know for sure, but assumes all previous development
approvals met existing parking codes at those times.
Member Bazinet commented that he is in favor of approving proposal with conditions placed on further
development approvals.
Chair Perkins opened the public comments and noted that only the zone change proposal is being
discussed this evening.
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Planning Board Meeting Minutes —Tuesday,March 5, 2024
Mr. Thomas, member of the public, presented to the Board. Confirmed there is agreement on existing
residential buffer. Noted that applicant purchased the subject property with existing zoning in place.
Speculated on reasons for existing residential zoning on portion of property, and expressed feeling that
this was intended to be a protection for neighboring properties. Stated that he is opposed to zone change
proposal. Commented on proposal for additional parking and expressed feeling that this is unnecessary.
Chair Perkins noted that parking discussion is not relevant to discussion of zone change. Thomas
expressed disagreement. Asked if public can comment on any further development proposals — Perkins
responded that they can and clarified the process.
Christine Babin, member of the public, presented to the Board. Stated that she has discussed concerns
with both her attorney and City staff. Gave overview of these discussions and stated opposition to the
zone change proposal. Member Saucier clarified location of Babin's property and property lines with her.
Planning Officer Collette clarified that, if proposal were approved, there would still be a setback
requirement,just no buffer requirement.
Jeremy Lehan, member of the public, presented to the Board via Zoom. Expressed opposition to the
zone change proposal. Feels existing zoning is adequate for the Elks Lodge's needs.
Chair Perkins closed the public comments.
Worster returned to the podium to respond to comments. Clarified some confusion regarding Babin's
property and changes made to meet setback requirements. Added that new information has changed the
Lodge's plans since they last discussed proposals with Babin personally. Described work done to improve
on impact of noise levels in the neighborhood.
Member Saucier asked about parking setback requirements. Discussed possible compromises with
Worster.
Member Saucier stated that he feels existing zoning is intended to protect neighboring properties and
that he is opposed to the zone change proposal for this reason.
Member Hayes expressed approval for placing conditions on further development approvals; Alternate
Member Jonas agreed.
Member Meagher commented that buffer requirements could require vegetation, fencing, etc. instead of
just a measurement between property lines. Also expressed approval for placing conditions on further
development approvals, but added that any buffering conditions should include maintenance of said
property.
Member Boucher also expressed approval for placing conditions on further development approvals.
Chair Perkins expressed approval for asking applicant to return with request for contract zoning, due to
concerns over future uses by any succeeding owners of the property. Member Meagher commented on
this concern and asked if Board would be involved in changes of use. Planning Officer Collette clarified
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,March 5, 2024
this process and noted that Board approval would only be required if the proposed new use is conditional.
Meagher expressed agreement with Perkins' concerns.
Member of the public, Mr. Thomas, asked if any future owners of the property could request removal of
any development conditions instituted by the Board, if this option is chosen. Chair Perkins responded
that property owners always have freedom to request changes. Member Bazinet commented that
contract zoning might help with this concern, to ensure more protection for neighboring properties.
Planning Officer Collette noted that contract zoning cannot limit uses of a property, only dimensional
controls or operational controls. Board members discussed this option with Collette. Member Bazinet
expressed approval for asking applicant to return with request for contract zoning.
Planning Officer Collette clarified process for making a motion on this proposal and discussed with Board
members.
Member Meagher moved to recommend to City Council that the proposal to amend the Land
Development Code by changing a parcel of land, located at 108 Odlin Road, Map-Lot 002-009, from
Neighborhood Service District (NSD)/Urban Residence 1 District (URD-1)/Urban Service District (USD)
to Urban Service District (USD) for the entire lot, ought to pass. Seconded by Member Boucher. Roll call
vote conducted as follows:
• Alternate Member Jonas opposed, with recommendation that applicant return to Board with
proposal for contract zone
• Member Bazinet opposed, with recommendation that applicant return to Board with proposal for
contract zone
• Member Saucier opposed, with recommendation to maintain existing zoning
• Member Meagher opposed, with recommendation that applicant return to Board with proposal for
contract zone
• Member Boucher in favor, preferring conditions to be placed during site plan review
• Member Hayes in favor, preferring conditions to be placed during site plan review
• Chair Perkins opposed, with recommendation that applicant return to Board with proposal for
contract zone
Two members in favor, five opposed — recommendation to City Council that the proposal ought not to
pass.
NEW BUSINESS
PUBLIC HEARING — LAND DEVELOPMENT PERMITS
3. Land Development Permit — Maior Site Development and Maior SLODA Modification —
287 Godfrev Boulevard — Map-Lot 001-001 - Land Development Permit Application — Site
Development Plan and Major SLODA Modification for proposed construction of a 6,OOOsqft
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Planning Board Meeting Minutes —Tuesday,March 5, 2024
connector building between DAB and IAB, with installation of a generator near existing staff
parking, at property located at 287 Godfrey Boulevard, Map-Lot 001-001, in the Airport
Development District (ADD). Applicant/Owner: Bangor International Airport.
Chair Perkins introduced the agenda item and asked Board members for any questions/concerns
regarding application completeness or possible conflicts of interest—there were none.
Applicant agent, Randy Bragg of Carpenter Associates, presented to the podium and gave overview of
application.
Chair Perkins asked staff for any additional comments. Planning Officer Collette gave overview of
questions from Alternate Member Jonas sent by email to staff prior to meeting, regarding agency letters
for application and whether more recent letters should be requested. Collette stated that MHPC letter
and MDIFW letters are considered adequate following staff review, but noted Board could condition
approval on receiving updated letters if inembers feel necessary.
Member Saucier asked if NEPA permitting is required due to project being funded by FAA. Bragg
responded that Carpenter Associates is not responsible for that portion of project.
Chair Perkins asked staff to clarify SLODA requirements — Planning Officer Collette responded with
requested clarification. Perkins also asked about DEP letter included in packet, and whether approval
needs to be contingent on DEP approval of SLODA permit. Collette responded that Board could make
this a condition, but staff does not feel it is necessary.
Chair Perkins asked about the location of fuel tank for generator — Bragg responded that, as currently
proposed, it will be under the generator.
Chair Perkins opened the public comments —there were none. Public comments closed.
Member Saucier commented that he feels all BIA projects are improvements on previous military use of
site.
Chair Perkins introduced the findings of decision. Member Boucher asked whether final decision will be
additional motion; Perkins confirmed that it will be.
Member Boucher moved that the Board find that the application was deemed completed on March 25,
2024, seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Member Bazinet moved that the Board find that the proposed project is a Major Site Development and a
Major SLODA Modification, seconded by Member Boucher. Roll call vote conducted — all in favor, none
opposed. Motion passed.
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Planning Board Meeting Minutes —Tuesday,March 5, 2024
Member Bazinet moved that the Board find that, based on Sheet 9 in Exhibit 2, the applicant satisfied
Land Development Code §165-33.1's requirements surrounding Erosion and Sediment Control.
Seconded by Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Meagher moved that the Board find that, based on the narrative in Exhibit 10, the applicant
satisfied Land Development Code §165-72.Q regarding providing sufficient spaces for employees.
Seconded by Member Saucier. Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Bazinet moved that the Board find that, based on Exhibit 35 and Sheet 4 of Exhibit 2, the
applicant satisfied the Land Development Code § 165-80 requiring connections to the public water and
sewer system when possible. Seconded by Member Saucier. Roll call vote conducted—all in favor, none
opposed. Motion passed.
Member Saucier moved that the Board find that, based on Exhibit 5, the applicant satisfied the Land
Development Code § 165-81 requiring appropriate lighting, in accordance with regulations on intensity,
direction, and height. Seconded by Member Bazinet. Roll call vote conducted — all in favor, none
opposed. Motion passed.
Member Bazinet moved that the Board find that, based on Exhibit 50, the applicant satisfied the Land
Development Code § 165-82 requiring fire protection. Seconded by Member Saucier. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Member Saucier moved that the Board find that, based on Exhibit 5 and Sheet 4 of Exhibit 2, the applicant
satisfied the Land Development Code § 165-83 requiring adequate electrical services. Seconded by
Member Meagher. Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Meagher moved that the Board find that, based on Exhibits 5, 35, and Sheet 4 of Exhibit 2, the
applicant satisfied the Land Development Code § 165-85 and §165-86 requiring compliance with
submitting information of anticipated sanitary flows and compliance with sewer regulation. Seconded by
Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed.
Member Bazinet moved that the Board find that the standards in Article XIX are not applicable to this
Project. Seconded by Member Meagher. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Member Saucier moved that the Board find that, based on the findings made in Parts 1 and 2 of this
document, the Project meets the requirements of § 165-95.B for uses within the Airport Development
District (ADD). Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed.
Motion passed.
Member Saucier moved that the Board find that, based on Sheet 4 of Exhibit 2, the applicant satisfied
Land Development Code §165-114.B's requirement that the proposed parking and loading layout are
arranged in a reasonable and safe configuration. Seconded by Member Meagher. Roll call vote
conducted —all in favor, none opposed. Motion passed.
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Member Bazinet moved that the Board find that, based on Sheet 4 of Exhibit 2, the applicant satisfied
Land Development Code §165-114.C's requirement that all proposed access drives from the site to any
public right-of-way are reasonably necessary and safe. Seconded by Member Meagher. Roll call vote
conducted —all in favor, none opposed. Motion passed.
Member Saucier moved that the Board find that, based on Exhibits 2, 30, and 44, the applicant satisfied
Land Development Code §165-114.D's requirement that stormwater runoff from the proposed
development will not have an unreasonable adverse effect on abutting or downstream properties or
protected resources, and that all downstream channels or municipal stormwater collection systems have
adequate capacity to carry the flow without significant negative effects. Seconded by Member Bazinet.
Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Bazinet moved that the Board find that the applicant satisfied Land Development Code §165-
114.E's requirement that all outdoor lighting shall be designed, installed, and maintained to avoid
unreasonable adverse effects from light pollution, as shown in Exhibit 5. Seconded by Member Saucier.
Roll call vote conducted —all in favor, none opposed. Motion passed.
Member Meagher moved that the Board find that, based on Sheet 4 of Exhibit 2, the applicant satisfied
Land Development Code §165-114.F's requirement that existing tree growth shall be preserved where
possible. Seconded by Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Member Bazinet moved that the Board find that, based on Sheet 4 of Exhibit 2, the applicant satisfied
Land Development Code §165-114.G's requirement that the location of the building meets all required
setbacks and is situated to avoid unreasonable adverse effects on adjacent properties or public rights-
of-way. Seconded by Member Saucier. Roll call vote conducted — all in favor, none opposed. Motion
passed.
Member Saucier moved that the Board find that, based on Exhibits 3, 4, and 16-38, the applicant satisfied
Land Development Code §165-114.J's requirement that the Project meet the standards of 38 M.R.S.A.
§ 484 and the requirements of the Department of Environmental Protection regulations, Chapters 371-
373, 375-377, and 500. Seconded by Member Meagher. Roll call vote conducted — all in favor, none
opposed. Motion passed.
Member Boucher moved that the Board find that the project meets the requirements for a Land
Development Permit for a Major Site Development and a Major SLODA Modification, and that therefore
the Board grant the Land Development Permit for the proposed Project. Seconded by Member Bazinet.
Roll call vote conducted —all in favor, none opposed. Motion passed.
PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENTS
4. To amend the Code of the City of Bangor by creating regulations and allowances
for Co-living Dormitories.
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Chair Perkins introduced the agenda item and noted that it had been discussed at a previous meeting.
Asked the Board for any questions or comments.
Member Saucier asked if the proposal is subject to City Council approval —Chair Perkins responded that
it is.
Chair Perkins opened the public comments.
Member of the public, Mr. Hamilton, presented to the Board via Zoom. Stated that he is in favor of the
proposal and appreciative of staff efforts to add this use to the City code. Noted that he is aware of several
potential projects meeting this use. Expressed support for proposed common space requirements.
Planning Officer Collette clarified amendments made to common space requirements in final draft of
proposal.
Member Hayes asked if common space would include shared bathrooms. Planning Officer Collette stated
there could either be shared bathrooms or an individual bathroom per room; stated that the definition
focused more on the shared kitchens being a requirement for fire safety purposes and to match the
definition of dormitory in the building and fire codes as much as possible.
Member Boucher asked if there would be a sprinkler requirement for these facilities similar to other
buildings with 3 or more dwelling units. Planning Officer Collette responded that she feels sure they would
be required for these facilities and that these would need to meet the same requirements as for a college
dorm. Also noted that Fire Prevention and Code Enforcement were heavily consulted in drafting this
proposal. Chair Perkins also noted that by definition, these facilities would have more than 3 units,
therefore requiring sprinklers.
Chair Perkins closed the public comments.
Member Saucier moved that the Board recommend to City Council that the proposal to amend the Code
of the City of Bangor by creating regulations and allowances for Co-living Dormitories ought to pass.
Seconded by Member Bazinet. Roll call vote conducted — all in favor, none opposed. Motion passed.
5. To amend the Land Development Code, §165-102(D)(5) [General Commercial and
Service District (GC&S), Conditional Uses —Warehousing or wholesaling of goods
& materials] by changing the square footage condition to match that of §165-
101(D)(6) [Shopping and Personal Service District (S&PS), Conditional Uses —
Warehousing or wholesaling of goods & materials].
Chair Perkins introduced the agenda item and asked staff to provide context— Planning Officer Collette
responded with requested clarification.
Chair Perkins asked the Board for any questions or comments —there were none.
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City of Bangor Planning Division
Planning Board Meeting Minutes —Tuesday,March 5, 2024
Chair Perkins opened the public comments —there were none. Public comments closed.
Member Saucier moved that the Board recommend to City Council that the proposal to amend the Land
Development Code, §165-102(D)(5) [General Commercial and Service District (GC&S), Conditional
Uses—Warehousing or wholesaling of goods & materials] by changing the square footage condition to
match that of§165-101(D)(6) [Shopping and Personal Service District (S&PS), Conditional Uses —
Warehousing or wholesaling of goods & materials] ought to pass. Seconded by Member Bazinet. Roll
call vote conducted —all in favor, none opposed. Motion passed.
OTHER BUSINESS
6. Meeting Minutes — February 20, 2024
Member Bazinet moved to approve the meeting minutes, seconded by Member Hayes. All voting members in
favor, none opposed.
Meeting adjourned at 8:59 pm.
Respectfully submitted,
Sarah Maquillan,
Development Assistant
Planning Division
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